§ 62-103. Operation of micromobility devices.

(a)

Permissible areas of operation. Subject to the restrictions in this chapter, a person may operate a micromobility device in the following locations unless prohibited by signage:

(1)

Within a street with posted speed limits of 25 miles per hour;

(2)

Within a multi-use path except that class 3 electric bicycles are prohibited on multi-use paths; and

(3)

On a sidewalk except that class 3 electric bicycles are prohibited on multi-use paths.

(b)

Prohibited areas of operation. Except as otherwise stated in this section, a person shall not operate a micromobility device in the following locations:

(1)

Within any area where signage prohibits such operation;

(2)

Within any designated bicycle lane; and

(3)

Within any public street where the speed limit is greater than 25 miles per hour.

(c)

Rules of operation.

(1)

When operating on public roadways, all operators of micromobility device shall comply with all traffic rules and regulations, including, but not limited to, the rules of the road under A.R.S. Title 28. It is unlawful for any person operating a micromobility device to fail to obey the instructions of official traffic-control signals, signs, and other traffic direction devices applicable to vehicles, unless otherwise directed by a police officer.

(2)

The operator of a micromobility device shall yield the right-of-way to pedestrians and other users by slowing down, stopping, or moving to the opposite side of the path, sidewalk, or street. A pedestrian or other user shall not suddenly traverse into the path of a micromobility device that is so close that it is impractical or impossible for the operator to yield.

(3)

The operator of a micromobility device shall remain at a safe distance behind pedestrians and vehicles and shall not follow too closely.

(4)

It is unlawful to operate a micromobility device across any prohibited areas of operation. The operator shall dismount the micromobility device and walk said device across all prohibited areas of operation.

(5)

No person shall operate a micromobility device at a speed greater than the posted speed limit or at a speed greater than is reasonable and prudent under then-existing circumstances.

(6)

No person shall operate an electric assisted micromobility device in the town unless it is equipped with a braking system in sufficient working order to control and stop the movement of the device.

(7)

No person operating or riding upon a micromobility device shall attach themselves or the micromobility device to any other vehicle or device.

(8)

No person shall operate a micromobility device while carrying any package, bundle or other item that prevents the operator from safely steering the device.

(9)

The owner of a micromobility device shall be responsible for all damage to public property caused by the micromobility device.

(10)

Nothing in this chapter shall be interpreted to mean that, by designating permissible areas of operation, the town is deeming such areas as suitable or safe for any particular micromobility device. Each person operating a micromobility device shall be responsible for complying with the manufacturer's safety guidelines and recommendations. No operator of a micromobility device shall operate a micromobility device that has been structurally altered from the original manufacturer's design. No operator of a micromobility device shall allow passengers unless the device was designed by the manufacturer to allow for passengers.

(d)

Violations. The town shall have the authority to issue a civil citation to any person deemed in violation of this section pursuant to section 1-5 of the Gilbert Municipal Code.

( Ord. No. 2703, § I, 3-7-19 )